Case Law Details
Rajiv Gandhi Charitable Trust Vs JCIT (E) (ITAT Delhi)
The issue in the present ground is with respect of claim of loss as application of income. It is an undisputed fact that the loss that assessee had incurred on sale of fixed assets and the same has been debited to the income and expenditure account of the assessee. We find that the CBDT in Circular No. 5-P(LXX-6) dated 19th June, 1968 has taken a view that the income of the trust should be computed on the basis of commercial principles and should be understood in its commercial sense.
We further find that in the following decisions, it has been held that the income of the charitable assessees needs to be computed on the basis of commercial principles:
- CIT Programme for Community Organisation (1997) 228 ITR 620 (Ker.) since approved by the apex court (reported at (2001) 248 ITR 1 (SC)
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